With the turn of the year comes a wave of new California disability and leave laws. Employers should review their existing policies and procedures to determine if they will be in compliance with these new laws—many of which will go into effect on January 1: To read more please visit this article at our Disability
California
DLSE Reverses Its Position on California Rest Breaks
In November 2017, the California Labor Commissioner’s office, Division of Labor Standards Enforcement (“DLSE”), published updated guidance on employer provided paid 10-minute rest breaks. Specifically, the DLSE maintains that employees must be relieved of all duty during rest breaks, and now has taken the position that employees must be permitted to travel off-site during their…
SB 306 Expands Labor Commissioner’s Powers to Enforce Anti-Retaliation Laws
Effective January 1, 2018, Senate Bill 306 amends Labor Code § 98.7 and adds Labor Code §§ 98.74, 1102.61 and 1102.62 to provide the Division of Labor Standards Enforcement (“DLSE”) with expanded authority to enforce the retaliation provisions of the Labor Code. Specifically:
- The Labor Commissioner will be authorized to conduct an investigation of an
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California to Hold Direct Contractors Jointly Liable for Subcontractor’s Unpaid Wages and Fringe Benefits
Beginning with contracts entered into on or after January 1, 2018, direct (general) contractors in California will be held jointly liable for their subcontractors’ unpaid employee wages, fringe benefit or other benefit payments or contributions under Assembly Bill 1701, signed into law by Governor Jerry Brown on October 14th. This joint liability requirement is codified………
California Shields Workers from Immigration Enforcement While On The Job
Effective January 1, 2018, new obligations will be imposed on California employers to shield their employees from immigration enforcement efforts in the workplace. Governor Jerry Brown signed AB 450 along with Senate Bill 54, a “sanctuary state” legislation that limits California state and local law enforcement agencies’ authority to hold, question, and transfer individuals at…
California Adds ‘Transgender,’ ‘Gender Nonconforming Individuals’ to Sexual Harassment Prevention Training for Supervisors
Employers subject to California’s mandatory sexual harassment training requirement for supervisors will need to ensure their programs include prevention of harassment based on gender identity, gender expression, and sexual orientation following an amendment (SB 396) to California’s Fair Employment and Housing Act (FEHA).
On October 15, 2017, Governor Jerry Brown signed SB 396 into law.…
Governor Signs Bill Prohibiting Employers From Asking Applicants About Prior Salary History
On October 12, 2017, Governor Brown signed a new law which expands California’s fair pay laws in front of the Women’s Empowerment Group in Sacramento, California. Jackson Lewis previously discussed some of these proposed laws at the Pay Equity Advisor Blog. Specifically, AB 168 added Labor Code 432.2 which generally requires all employers, of…
Governor Approves Expanding Parental Leave to Small Employers
On October 12, 2017, Governor Brown approved a new law that will expand parental leave benefits to employers with 20 or more employees. The new law will take effect on January 1, 2018.
Currently, employers with 50 or more employees are required to grant up to 12-weeks of unpaid leave to eligible employees who request…